The higher courts, or any court for that matter are no place for politics. At least thats how is should be. Seems the 9th ciruit is letting their judgement be clouded by their schitty liberal antics.

The 9th Circuit put themselves is a very precarious position with this decision.

Imagine if there is an immigrant terrorist attack at any time in the future.

It will quickly become known as the “9th Circuit attack” and this court will be saddled with all of the blame.

The first opinion was just a three judge panel. The re-hearing is for the full group.
The full group tends to echo the 3-judge decisions,

The first opinion was just a three judge panel. The re-hearing is for the full group.
The full group tends to echo the 3-judge decisions, so it's just another step that has to be taken.

BTW, the 9th Circuit has an 85% turnover rate by the Supreme Court. Talk about idiots that won't learn!

Ed

The 9th Circuit seems headed toward re-hearing the entire issue en banc. The Court has just requested briefs from both sides. As far as I know, that's a bit unusual and only done when the original 3 judge panel has done something very questionable.

Currently, thanks to the ridiculous political judicial opinion of the 9th Circuit, the entire professional left and Democrat party are on display trying to block President Trump from protecting the American people. As a direct consequence they own any negative outcomes, including any act of terrorism, that might happen in the next several months.

Why would President Trump remove that political liability? If he’s smart, and he’s proven he is way beyond smart, he won’t.

Behind the scenes, and unrelated to the judicial ruling, President Trump can use his cabinet team to construct immigration and visa review policy that accomplishes the security goal. The Attorney General (Sessions), DHS (Kelly) and State Department (T-Rex) can execute departmental policy objectives under existing legal authority.

President Trump never really needed the majority parts of the executive order to carry out the security agenda. However, using the XO provided a highly public approach toward showing the American electorate he was fulfilling a campaign security promise. Tightening the visa approval process and executing “extreme vetting” doesn’t require anything except a policy and procedural change.

If President Trump does nothing, the underlying challenges to the Executive Order continue forward in the courts, while he gets his SCOTUS pick -Gorsuch- on the bench. If he so chooses, the DOJ can eventually bring the case to the Supreme Court, where almost everyone admits the Ninth Circuit and Judge Robarts decision will be overturned and all of the protestation from the left will have been for naught.

In the interim of the slow case proceeding, ANY instance of violence and terrorism provides President Trump the opportunity to use his bully pulpit -and Twitter- to hang the occurrence, foreign or domestic, like a millstone around the neck of Democrats up for elected office in 2018.

There is no downside on the domestic security agenda for President Trump; however, the Democrats are fraught with fear that something might just happen. Ultimately, THIS, the politics behind the entire construct, is the reason for the ninth circuit tonight asking for an en banc hearing of their own judicial ruling.

Activist judges have been around since judges were given the ability to decide on the constitutionality of a question before their court.

For as long as I can remember the 9th Circus has been handing down activist opinions, reversing local, state and federal law and ignoring the US Constitution.

The US Constituion is not a hard read. The average person can get through it, and understand what is plainly written, in about an hour...maybe longer if you have to move your lips when you read.

Agree. The COTUS is was written by men without an 8yr college degree from a puking liberal ivy league elitest colleg. It states plainly what the rules are. Any high school grad should be able to grasp and understand it.

This.

Let that sink in awhile...

The "Nutty Ninth" has earned it's nickname.

AND they have a caseload backup of over 13,000 cases. Can America continue to let these idiots dictate law and legislation?

This.

Let that sink in awhile...

The "Nutty Ninth" has earned it's nickname.

AND they have a caseload backup of over 13,000 cases. Can America continue to let these idiots dictate law and legislation?

Is anyone really naïve enough to believe that the 9th might reverse itself. pssstttt......want a good deal on a skyhook.

If Trump, 're' - Issues an EO, that addresses the concern which prompted the first suit, and replaces the First EO, will that not render the 9ths Rulings moot?

The first opinion was just a three judge panel. The re-hearing is for the full group.
The full group tends to echo the 3-judge decisions, so it's just another step that has to be taken.

BTW, the 9th Circuit has an 85% turnover rate by the Supreme Court. Talk about idiots that won't learn!

Ed

Ed, Someone posted a graph a day or two ago showing that a couple of other Circuits were not far behind the Ninth as far as reversals.

The Supreme Court hears cases from the 50 state courts and 13 federal appeals courts, known as circuit courts. The cases that the Supreme Court chooses to take on are often disputed among the lower courts, complex, and problematic, so there’s a reasonable chance that the Supreme Court will decide that the lower court’s decision was wrong.

In fact, the Supreme Court reversed about 70 percent of cases it took between 2010-15. Among cases it reviewed from the 9th Circuit Court of Appeals, it reversed about 79 percent.

The Supreme Court only hears a handful of cases from each circuit each year, so the rate of reversal is highly variable, said Jonah Gelbach, a law professor at the University of Pennsylvania and a statistician. In 2014, for instance, the 2nd Circuit had a reversal rate of 100 percent, which sounds pretty bad until you find out that the Supreme Court only heard one case from the 2nd Circuit that entire season.

The 9th Circuit is by far the largest circuit. In the 12 months leading up to March, 31, 2015, just under 12,000 cases were filed in the 9th Circuit — more than 4,000 more than the next-largest circuit, the 5th Circuit. Despite that gigantic docket, the Supreme Court heard just 11 cases from the 9th Circuit in 2015, reversing eight.

This means the Supreme Court generally reverses far less than 1 percent of all the cases the 9th Circuit (and other circuits) decide.

The 9th Circuit seems headed toward re-hearing the entire issue en banc. The Court has just requested briefs from both sides. As far as I know, that's a bit unusual and only done when the original 3 judge panel has done something very questionable.

Extremely unusual. Courts do not request briefs; they are petitioned for re hearings and appeals. To have a court request briefs preemptively is very, very rare.

Extremely unusual. Courts do not request briefs; they are petitioned for re hearings and appeals. To have a court request briefs preemptively is very, very rare.

The 9th Circuit put themselves is a very precarious position with this decision.

Imagine if there is an immigrant terrorist attack at any time in the future.

It will quickly become known as the “9th Circuit attack” and this court will be saddled with all of the blame.

BTW, the 9th Circuit has an 85% turnover rate by the Supreme Court. Talk about idiots that won't learn!

Ed

The higher courts, or any court for that matter are no place for politics. At least thats how is should be. Seems the 9th ciruit is letting their judgement be clouded by their schitty liberal antics.